Schley County GaArchives Court.....Kilcrease, W.J. April 8, 1889 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Harris Hill http://www.genrecords.net/emailregistry/vols/00011.html#0002514 August 1, 2006, 6:53 am Source: Orig. Document, Schley Co. Courthouse Written: April 8, 1889 Schley Superior Court April Term 1889 JNO. F. LEWIS vs. W.J. KILCREASE Petition to foreclose mortgage & mule, filed in office April 8, 1889. J.N. Cheney, Clerk Georgia, Schley County To the Superior Court of said County. The petition of Jno. F. Lewis & Son shows that on the 24th day of April 1885, W.J. Kilcrease executed & delivered to your petitioner a certain promissory note for the sum of Seventy-five dollars with a cr(edit) on same of 30.08 paid Oct. 13, 1886, said note due on the 1st Oct 1885 with interest at the rate of 8 percent per annum & 10 percent on the acct. for court fees, to wit: after said payment leaves 50.92 dollars principal with interest from Oct. 13/86 @ 8 percent per annum, and that to secure the payment of the same with all interest that might accrue the said W.J. Kilcrease executed & delivered to your petitioner a mortgage upon the following tract of land--south half of lot (of) land No. 90 containing 101 1/4 acres in the 3rd Dist. of Schley County, Ga., it being the land on which I now live, there being no encumbrance thereon at all--which note & mortgage is here to the court shown. Petitioner further shows that the said W.J. Kilcrease refuses to pay the said note with interest & court fees. Wherefore petitioner prays the granting of rule of this court directing the said W.J. Kilcrease to pay into said court on or before the first day of the next term thereof the principal, interest & court fees due thereon & the cost of this proceeding or in default of such payment that said mortgage be foreclosed. C.R. McCrory, Plaintiff's Atty. Schley Superior Court April Term 1889 It appearing to the court by the petition of Jno. F. Lewis & Son that W.J. Kilcrease did on the 24th day of April 1885 execute & deliver to said Jno. F. Lewis & Son a mortgage on a tract of land to wit "south half of lot of land No. 90 containing 101 1/4 acres in the 3rd Dist. of Schley County, Ga. It being the land on which I now live, there being no encumbrance thereon at all" for the purpose of securing the payment of a certain promissory note for the sum of seventy-five dollars with a credit on the same on the 13th day of Oct. 1886 of $30.08 made by the said W.J. Kilcrease on the 24th day of April 1885 & payable to the said Jno. F. Lewis & Son or bearer due on the 1st day of Oct 1885 with interest at the rate of 8 percent & 10 percent on the amount counsel fees to wit $50.92 balance principal with interest from the 13th day of Oct. 1886 @ 8 percent & 10 percent attys fees which said note the said W.J. Kilcrease refuses to pay. It is therefore ordered that the said W.J. Kilcrease pay unto this court on or before the next term thereof the principal, interest, counsel fees & cost of this suit or in default. The court will proceed as to justice shall appertain. It is further ordered that a copy of this rule be served on the said W.J. Kilcrease three months previous to the next term of this court. C.R. McCrory, Plaintiff's Atty. Allen Fort, J.S.C.S.C. Georgia, Schley County I have this day served the defendant W.J. Kilcrease personally with a copy of this within writ. This 21st day of June 1889. William Allen, Sheriff We the jury find for the plaintiff (in) the sum of Fifty & 92/100 dollars & the sum of Twelve & 22/100 dollars interest & the sum of Six & 31/100 dollars Counsel fees, this Oct 15th 1889. J.C. King, Foreman File at: http://files.usgwarchives.net/ga/schley/court/kilcreas471gwl.txt This file has been created by a form at http://www.genrecords.org/gafiles/ File size: 4.1 Kb